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this draft law, including the new amendments adopted by the Senate, would impose undue
restrictions on freedom of religion or belief of individuals and religious or belief communities in
the Republic of Kazakhstan.
118. Allegedly, the draft law would maintain the prohibition of activities of unregistered
religious organizations, which existed in the previous law. Whereas the conduct of certain
religious activities in violation of the law would previously lead to fines to up to 50 times the
minimum monthly wage, the draft law suggests that they now be sanctioned with a fixed fine of
50 times the minimum monthly wage, thereby leaving no margin of appreciation to the judges. It
would also introduce new liabilities and quotas on proselytising activities and would impose a
ban on missionary activity by people who are not representatives of registered religious
organizations. In addition, it would strictly limit the dissemination of religious materials in fixed
premises designated by local executive bodies.
119. The proposed draft law also seems to offer the possibility to the authorities to undertake
substantial reviews of the registration applications submitted to them. Upon the result of this
“theological analysis”, the authorities may put the registration of a religious community on hold
for an unspecified delay or even deny registration to a religious or belief community.
Furthermore, the draft law would prohibit private religious education at all levels. Fears have
been expressed that the draft law contains vague provisions which could lead to the introduction
of collective sanctions for actions committed by individuals or which could result in abusive
interpretation and discrimination on the part of the law enforcement authorities. Finally, various
religious communities have voiced their concern at the lack of public and open debate on the
proposed draft law.
Response from the Government dated 6 December 2008
120. At the time this report was finalized, the Special Rapporteur was not in a position to reflect
the content of the reply from the Government of Kazakhstan dated 6 December 2008 as she had
not received the translation of its content from the relevant services.
Observations
121. The Special Rapporteur is grateful that the Government of Kazakhstan replied to the
communication of 21 November 2008 and she hopes to be able to make observations on the
response in the next report summarizing the cases transmitted to Governments and replies
received.
Kyrgyzstan
Communication sent on 29 July 2008
122. The Special Rapporteur brought to the attention of the Government information she had
received concerning the Christian-Baptist family Isakov in the village of Kulanak, in the Naryn
region. Reportedly, Mr. Alymbek Isakov’s son, a fourteen-year-old boy, passed away on
18 May 2008. Mr. Isakov is a member of the Church of Evangelical Christian-Baptists in
Kulanak. The Isakov family wanted to bury the boy on a plot of land in the village officially
allocated to Baptists as a graveyard by the district authorities in April 2006. However, they were